Registry No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential,

Restricted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT BACKGROUND NOTE

Type 1 + 2

To:-

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Telephone No. & Ext.

Department

NOTHING TO BE WRITTEN IN THIS MARGIN

11 for.

ANG

14/2/69.

THE APPOINTMENT OF A PARLIAMENTARY COMMISSIONER

FOR ADMINISTRATION IN HONG KONG

The Hong Kong Government have for several

years been considering the possibility of appointing a Parliamentary Commissioner for

Administration. They have made a study of the

ombudsman systems in Scandinavia and in

New Zealand, as well as that of the Parliamentary

Commissioner for Administration in Great Britain.

However, they have not as yet reached any conclusion/ whether or not such an appointment should be made in the Colony.

Constitutional Difficulties

The institution of Parliamentary

Commissioner might provide a worthwhile independent check on executive actions under the system of Crown Colony Government as in force in Hong Kong; but the constitutional peculiarities might give rise to difficulties. One such difficulty is the

question of to whom the Parliamentary Commissioner would report. Sovereign power does not rest with

which the Colonial Legislature, but in Crown Colony Government is neither fully representative nor responsible. It rests in the Colony with the Governor and through him and the Secretary of State ultimately with the United Kingdom

Parliament. The non-representative nature of the local legislature raises another difficulty that of devising an adequate sifting procedure before complaints are referred to the Parliamentary Commissioner. These and other problems require very careful examination both here and in Hong

Kong.

/Establishment

..

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